Terms & Conditions

TERMS AND CONDITIONS

Foss Yoga Studio & Wellness Ltd. Effective December 1, 2021 Welcome to the Foss Yoga website, www.FossYoga.com (the “Website”), owned and operated by Foss Yoga Stuido & Wellness Ltd, a limited liability company (the “Company”) formed under the laws of the State of Colorado. The Company and its members, owners, author(s), and publisher(s) provides the Website for informational purposes only. Use of and access to the Website and the information, materials, services, and other content available on or through the Website (“Content”) are subject to these terms of use and all applicable laws. By accessing or using our Website, or any of its “Content”, you agree to the following Terms and Conditions. These Terms and Conditions together with our Privacy Policy (link) located on our Website constitute the terms of use of our Website.

SITE CONTENT, MATERIALS AND PUBLICATIONS

All content and material, including publications, on our Website: • Is intended only to provide information and insight on areas of interest to the author, publisher, or owners regarding yoga, classes, fitness, and living a health conscious lifestyle, and is not intended to be comprehensive; • Does not constitute and should not be relied on as diet, exercise or health advice; and • Is current at the date of publication but may be subject to change. The Content on our Website should not replace the recommendations and guidance of a qualified health professional.

RULES OF CONDUCT

Your use of the Website and Content is conditioned on your compliance with the rules of conduct set forth here. The website may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Website, creating and/or purchasing a membership, scheduling classes, purchasing products, providing information to the Website and downloading class, services, membership and product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Website. The Company specifically prohibits the use of the Website, and requires all users to agree not to use the Website, for any of the following:

• Any fraudulent or unlawful purpose;

• Posting any information which is incomplete, false, inaccurate or not your own;

• Engaging in conduct that would constitute a criminal offense, giving rise to a civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted internet protocol;

• Interfering with or disrupting the operation of the Website or Content or the servers or networks used to make the Website and Content available (or violate any requirements, procedures, policies or regulations of such networks);

• Restricting or inhibiting any other person from using the Website or Content (including without limitation by hacking or defacing any portion of the Website or Content);

• Using the Website or Content to advertise or offer to sell or buy any goods or services without the Company’s express prior written consent;

• Reproducing, duplicating, copying, selling, reselling or otherwise exploiting for any commercial purposes, any portion of, use of, or access to the Website or Content;

• Modifying, adapting, reverse engineering, de-compiling/disassembling any part of the Website or Content; • Removing any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website or Content;

• Communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;

• Framing or mirroring any part of the Website or Content without the Company’s express prior written consent;

• Creating a database by systematically downloading and storing Content; and

• Using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Content or reproduce or circumvent the navigational structure or presentation of the Website without Company’s express prior written consent.

PURCHASES AND PAYMENT

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in U.S. dollars You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. In an effort to enhance your experience and give as many customers as possible the opportunity to purchase Foss Yoga memberships, services, and merchandise, we may place limits on purchases and reservations. We do not authorize the purchase of commercial quantities of our merchandise. We reserve the right to refuse any order placed through the Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

CLASS, PRODUCT AND PRICING INFORMATION

Although the Company has made every effort to display our membership programs, classes, services, studios, merchandise, products and appearance as accurately as possible, the displayed attributes depend upon the monitor of the user, and the Company cannot guarantee that the user’s monitor will accurately portray the actual attributes of the studio, services or products. We make every effort to display as accurately as possible the colors, features, specifications, and details of the merchandise products available on the Website. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. The Company is not responsible for typographical errors regarding price or any other matter. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change. The Company does not warrant the accuracy of customer product ratings, comments or feedback.

Unless otherwise specified, all Content, functionality and materials appearing on this Website, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of FOSS YOGA STUDIO & WELLNES LTD., ALL RIGHTS RESERVED. You may use the content of this Website only for the purpose of reading the information on this Website or for your own education or to use features included in a membership. No materials from this Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. The photography and Content is written and owned by the Company, and is protected by U.S. and international copyright laws. You are welcome to link back to any of the Company’s posts, but are not allowed to copy or duplicate the Content and post it somewhere else is in violation of the Company’s copyright. Unauthorized use and/or duplication of this material without express and written permission from the Company or this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Foss Yoga Studio & Wellness Ltd. with appropriate and specific direction to the original content.

LIMITATION OF LIABILITY

THE CONTENT, MATERIALS, SERVICES AND PRODUCTS OFFERED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE WEBSITE. BY USING THIS WEBSITE, YOU EXPRESSLY AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES CONNECTED WITH YOU FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THE CONTENT, MATERIALS, SERVICES AND PRODUCTS OFFERED ON OR THROUGH THE WEBSITE, AND RELATED TO YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED THROUGH THE WEBSITE OR YOUR USE OF OR RELIANCE UPON THE WEBSITE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION. YOU ACKNOWLEDGE THAT IN CONNECTION WITH YOUR USE OF THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER NETWORKS, ROUTERS, SERVERS AND OTHER DEVICES OWNED, MAINTAINED, OR SERVICED BY THIRD PARTIES OVER WHICH WE HAVE NO CONTROL. ACCORDINGLY, WE WILL NOT BE LIABLE FOR ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU DEPENDING ON THE LAW THAT A COURT APPLIES TO THE CLAIM. YOU EXPRESSLY AGREE THAT OUR MAXIMUM LIABILITY TO YOU FOR ALL CLAIMS COLLECTIVELY WILL BE $500. YOU ALSO EXPRESSLY AGREE THAT ANY CLAIM THAT YOU WISH TO ASSERT AGAINST US MUST BE SERVED AND FILED IN A COURT OF LAW WITHIN ONE YEAR OF THE FACTS GIVING RISE TO THE CLAIM.

INDEMNIFICATION

By accessing and using the Website and Content, you agree to indemnify, defend and hold harmless the Company (specifically including its officers, directors, owners, partners, employees, agents, information providers, licensors and licensees) (collectively, the “Indemnified Parties”) from and against any and all claims, losses, costs and expenses (including attorneys’ fees) arising out of or relating to (a) any breach (or claim, that if true, would be a breach) by you of these Terms and (b) your use of or activities in connection with the Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.

CHANGE IN TERMS OF USE

The Company reserves the right to change the terms of access, conditions and notices under which our Website is offered at any time with or without further notice to you.

MANAGING OR DELETING YOUR ONLINE FOSS YOGA ACCOUNT

You may update, correct or delete your online account information at any time by logging into your account and navigating to the “My Account” page or by contacting us as indicated in the “Contact Us” section below. You can also contact us if you wish to deactivate your online account. Note that we may retain certain personal information as required by law or for legitimate business purposes. We may also retain cached or archived copies of personal information about your for a certain period of time. GOVERNING LAW These Terms and Conditions shall be governed by the laws of the State of Colorado without regard to its conflicts of law provisions. You hereby irrevocably and unconditionally consent to the sole and exclusive jurisdiction of the courts of the State of Colorado and of the United States of America located in the State of Colorado for any litigation arising out of or relating to the Website or these Terms and Conditions, and waive any objection to the venue of any such litigation in such courts, and agree not to plead or claim in any such court that it is an inconvenient forum and that the litigation should take place in a different court.

If you have any questions, comments or concerns about this Terms and Conditions policy and/or the Company’s practices or if you want to change your information, stop us from using your information, or opt out of receiving future promotional emails, text messages, telephone calls, and mailings from the Company, you can email us at nicole@fossyoga.com or write to us at: Foss Yoga Studio & Wellness Ltd., 2733 Council Tree Ave, #129, Fort Collings, CO 80525, Attn: Nicole Aranci.